Terms of service

1. Introduction

1.1 Welcome

Welcome to Melanins Creatives ("Melanins Creatives", "we", "our", "us").

These Terms and Conditions ("Terms") govern your access to and use of:

the Melanins Creatives website;
any creator membership services;
brand partnership opportunities;
digital resources;
community features;
events;
communications;
and any related services we provide (collectively, the "Platform").

By accessing or using the Platform, you confirm that you have read, understood and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

1.2 Who these Terms apply to

These Terms apply to all users of the Platform, including but not limited to:

creator applicants;
approved creator members;
brand representatives;
agencies;
website visitors;
prospective partners; and
any other individual or organisation accessing the Platform.

Certain services may also be subject to additional terms, campaign agreements, statements of work, subscription terms or policies. Where those apply, they form part of your agreement with Melanins Creatives.

1.3 Updates to these Terms

We may amend these Terms from time to time to reflect:

changes in our services;
legal or regulatory requirements;
security improvements;
operational developments; or
changes to our business model.

Where changes are material, we will take reasonable steps to notify Members before they take effect.

Your continued use of the Platform after revised Terms become effective constitutes acceptance of those updated Terms.

2. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

Account means a registered user account on the Platform.

Brand means any business, organisation or individual seeking to engage Creators through the Platform.

Campaign means any commercial opportunity, collaboration, partnership, promotional activity, ambassador programme or project offered by a Brand.

Confidential Information means any non-public information disclosed by either party, whether written, oral, electronic or otherwise, including commercial, financial or strategic information.

Content means any text, photographs, videos, graphics, audio, documents, portfolio material, social media content or other material uploaded, submitted or shared through the Platform.

Creator means any individual applying for or participating in opportunities through Melanins Creatives.

Member means a Creator or other approved user with an active membership.

Platform means the Melanins Creatives website and all associated digital services.

Special Category Data has the meaning given in Article 9 of the UK GDPR.

Terms means these Terms and Conditions.

Working Day means any day other than a Saturday, Sunday or public holiday in England and Wales.

Interpretation

Unless the context otherwise requires:

headings are for convenience only and do not affect interpretation;
references to legislation include amendments and replacements;
the singular includes the plural and vice versa;
references to "including" mean "including without limitation."

3. Acceptance of these Terms

By using the Platform you confirm that:

you have legal capacity to enter into binding agreements;
you are at least 18 years old;
the information you provide is accurate and complete;
you will comply with these Terms and all applicable laws.

If you access the Platform on behalf of a company, agency or organisation, you warrant that you have authority to bind that organisation to these Terms.

If we reasonably believe these warranties are untrue, we may suspend or terminate your access.

4. About Melanins Creatives

Melanins Creatives is a curated creator platform designed to connect brands with talented Black creators for authentic, commercially valuable collaborations.

Our services may include:

creator membership;
creator discovery;
campaign applications;
portfolio hosting;
educational resources;
networking opportunities;
events;
partnership facilitation;
creator support;
and other services introduced from time to time.

Unless expressly stated otherwise in writing, Melanins Creatives acts solely as a facilitator connecting Brands and Creators. We do not guarantee that any Member will receive campaign opportunities, generate income or secure commercial engagements through the Platform.

5. Eligibility and Use of the Platform

5.1 Eligibility

To use the Platform you must:

be at least 18 years old;
comply with these Terms;
provide accurate information;
not be prohibited from using our services under applicable law.

We reserve the right to request evidence of identity or eligibility at any time.

5.2 Creator Applications

Submitting an application does not guarantee:

acceptance;
membership;
campaign invitations;
brand introductions; or
commercial opportunities.

Applications are assessed using criteria determined solely by Melanins Creatives.

We may accept or reject applications at our absolute discretion and are not obliged to provide reasons for our decision.

5.3 Acceptable Use

You agree not to:

misuse the Platform;
attempt unauthorised access;
interfere with security;
upload malicious software;
impersonate another person;
submit false information;
infringe intellectual property rights;
use automated scraping tools without permission;
use the Platform for unlawful purposes.

6. Account Registration and Security

To access certain features you may be required to create an Account.

You agree to:

provide accurate registration information;
keep your information up to date;
maintain the confidentiality of your password;
notify us immediately of any unauthorised use.

You remain responsible for all activity carried out using your Account unless caused by our negligence.

We may suspend or disable Accounts where we reasonably believe:

these Terms have been breached;
fraudulent activity has occurred;
security has been compromised; or
suspension is necessary to protect the Platform or other users.

7. Privacy, Data Protection and Special Category Data

We process personal data in accordance with:

the UK General Data Protection Regulation (UK GDPR);
the Data Protection Act 2018;
our Privacy Policy; and
other applicable data protection legislation.

Our Privacy Policy explains:

what information we collect;
why we collect it;
how it is used;
your legal rights;
how to exercise those rights.

7.1 Special Category Data

Melanins Creatives exists to improve visibility and commercial opportunities for Black creators.

As part of your application, we may ask whether you identify as Black, Black British, African, Caribbean or another Black heritage.

This information constitutes Special Category Data under Article 9 of the UK GDPR.

Where we process such information, we do so only where a lawful condition under Article 9 applies, which may include:

your explicit consent;
substantial public interest where permitted by law; or
another lawful basis under applicable legislation.

Providing this information is voluntary unless expressly stated otherwise.

You may withdraw your consent at any time, although this may affect our ability to assess eligibility for services specifically intended to support Black creators.

We implement appropriate technical and organisational measures to protect Special Category Data and limit access to authorised personnel only.

8. Platform Services

Melanins Creatives may provide services including:

creator membership;
campaign listings;
portfolio hosting;
networking opportunities;
educational resources;
newsletters;
events;
brand introductions;
profile visibility;
community initiatives;
and additional services introduced from time to time.

We reserve the right to:

modify services;
introduce new features;
discontinue features;
restrict access;
improve functionality;
perform maintenance.

We do not guarantee that:

the Platform will be uninterrupted;
every feature will remain available;
every campaign will proceed;
Brands will engage Members;
Members will obtain commercial opportunities;
the Platform will be error-free.

From time to time, we may use automated systems, including artificial intelligence and machine learning tools, to assist with profile recommendations, campaign matching, content moderation, fraud detection, and service improvements. Such tools are intended to support—not replace—human decision-making where appropriate, and their use is subject to applicable data protection laws and our Privacy Policy.

9. Creator Membership

9.1 Membership

Melanins Creatives operates as a curated membership platform.

Membership is intended to maintain the quality, professionalism and integrity of the Platform and is not available as of right.

Acceptance into membership is at the sole discretion of Melanins Creatives.

Approval of an application does not create an employment relationship or guarantee commercial opportunities.

9.2 Membership Tiers

We may offer one or more membership tiers, including free and paid memberships.

Membership benefits may include:

access to exclusive campaign opportunities;
creator education and resources;
networking opportunities;
industry events;
profile promotion;
portfolio hosting;
community access;
business support;
priority matching;
premium tools and features.

Membership benefits may change from time to time.

9.3 Membership Fees

Where membership requires payment:

fees are payable in advance;
subscriptions renew automatically unless cancelled;
prices include VAT where applicable unless stated otherwise;
payment must be made using an approved payment method.

Failure to make payment may result in suspension of membership.

9.4 Renewals

Unless cancelled before the renewal date, subscriptions automatically renew for successive billing periods.

You authorise Melanins Creatives to collect recurring subscription payments until cancelled.

9.5 Cancellation

Members may cancel their subscription at any time through their account or by contacting us.

Cancellation:

prevents future renewals;
does not affect charges already incurred;
does not normally entitle Members to refunds except where required by law.

9.6 Membership Standards

Members are expected to:

conduct themselves professionally;
communicate respectfully;
provide accurate information;
comply with campaign obligations;
comply with applicable advertising regulations;
protect confidential information;
uphold the reputation of Melanins Creatives.

Repeated failure to meet professional standards may result in suspension or termination.

10. Creator Applications and Campaign Selection

10.1 Campaign Listings

Campaigns published on the Platform are invitations for eligible Members to apply.

Campaign information may include:

campaign objectives;
eligibility criteria;
deliverables;
deadlines;
compensation;
usage rights;
required platforms;
audience requirements.

Campaign details may change before contracts are entered into.

10.2 Applying for Campaigns

Members may submit applications through the Platform.

Applications should be truthful, complete and accurate.

Submission of an application does not constitute acceptance by the Brand.

10.3 Brand Selection

Brands retain sole discretion over:

shortlisting;
interviews;
creator selection;
campaign budgets;
creative direction;
contractual terms;
campaign cancellation.

Melanins Creatives has no obligation to explain a Brand's selection decisions.

10.4 No Guarantee of Opportunities

Melanins Creatives does not guarantee:

campaign invitations;
creator selection;
minimum earnings;
minimum campaign volume;
future work;
repeat collaborations.

Membership should not be interpreted as a promise of commercial engagement.

10.5 Withdrawal from Campaigns

Creators may withdraw applications before accepting an offer.

Following acceptance of a campaign or execution of a contract, cancellation will be governed by the relevant campaign agreement.

11. Brand Relationships

11.1 Platform Role

Unless expressly agreed otherwise in writing, Melanins Creatives acts solely as an intermediary introducing Brands and Creators.

We are not responsible for:

negotiating contracts;
supervising campaign delivery;
guaranteeing payment;
enforcing campaign obligations;
resolving creative disagreements.

11.2 Independent Contractors

Creators remain independent contractors.

Nothing in these Terms creates:

employment;
partnership;
agency;
joint venture;
worker status.

Creators remain responsible for managing their own business affairs.

11.3 Campaign Agreements

Brands and Creators may enter into separate agreements governing:

fees;
intellectual property;
exclusivity;
usage rights;
confidentiality;
cancellation;
approval processes;
deliverables.

Those agreements operate independently of these Terms.

11.4 Managed Campaigns

Where Melanins Creatives expressly manages a campaign on behalf of a Brand, additional terms may apply.

These may include:

project management;
payment administration;
creator coordination;
quality assurance;
reporting;
dispute assistance.

12. Payments

12.1 Subscription Payments

Membership subscriptions are payable in accordance with the applicable pricing plan.

Failure to pay may result in suspension or termination of membership benefits.

12.2 Campaign Payments

Unless expressly stated otherwise:

Brands are responsible for paying Creators;
payment schedules are determined within campaign agreements;
Melanins Creatives is not liable for late or non-payment by Brands.

Where Melanins Creatives administers payments, separate payment terms may apply.

12.3 Platform Fees

Melanins Creatives may charge:

membership fees;
platform fees;
managed service fees;
commission;
transaction fees;
administrative fees.

Applicable fees will be disclosed before becoming payable.

12.4 Taxes

Creators remain solely responsible for:

Income Tax;
Corporation Tax;
VAT registration where applicable;
National Insurance;
any applicable overseas taxes.

Melanins Creatives does not provide accounting or tax advice.

12.5 Refunds

Unless otherwise required by law or expressly stated:

subscription fees are non-refundable;
platform fees are non-refundable;
campaign commissions are non-refundable once earned.

13. Creator Content and Platform Standards

13.1 Ownership

Creators retain ownership of content they create unless otherwise agreed in writing with a Brand.

13.2 Licence to Melanins Creatives

By uploading content to the Platform, you grant Melanins Creatives a worldwide, non-exclusive, royalty-free licence to:

display your portfolio;
market the Platform;
promote your creator profile;
advertise Melanins Creatives;
improve Platform functionality.

This licence continues until the content is permanently removed, subject to legal and archival obligations.

13.3 Content Standards

Members must not upload content that:

is unlawful;
infringes intellectual property rights;
contains defamatory material;
promotes violence;
contains hate speech;
is discriminatory;
contains sexually explicit material unless appropriate for the Platform;
contains malware or malicious code;
impersonates another individual or organisation.

13.4 Advertising Compliance

Creators are responsible for ensuring sponsored content complies with:

the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code);
applicable guidance issued by the UK Advertising Standards Authority (ASA);
the Consumer Protection from Unfair Trading Regulations 2008 (or any successor legislation);
any applicable platform disclosure requirements (including, where relevant, Instagram, TikTok, YouTube and other social media platforms).

Failure to comply may result in suspension or removal from the Platform.

14. Creator Profiles

Creators must ensure that profile information remains accurate and up to date.

This includes:

contact information;
social media accounts;
audience demographics;
engagement statistics;
portfolio work;
professional experience.

Melanins Creatives may verify information where reasonably necessary.

14.1 Verification

We may request documentation to verify:

identity;
age;
ownership of social media accounts;
audience authenticity;
previous campaign work;
business status.

Failure to provide requested verification may result in suspension of the account.

14.2 Artificial Inflation

Creators must not artificially inflate:

followers;
engagement;
impressions;
reach;
views;
campaign performance.

The use of bots, purchased engagement or fraudulent audience-building practices is prohibited and may result in immediate termination.

15. Intellectual Property Rights

15.1 Platform Intellectual Property

All intellectual property rights in the Platform, including:

software;
source code;
branding;
logos;
trade marks;
databases;
written materials;
educational resources;
website design;
graphics;
documentation,

are owned by or licensed to Melanins Creatives and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, no part of the Platform may be copied, reproduced, modified, distributed, sold, licensed, reverse engineered or otherwise exploited without our prior written consent.

15.2 Trade Marks

"Melanins Creatives", our logos, branding, taglines and any associated trade marks or unregistered marks may not be used without our prior written permission.

15.3 Creator Intellectual Property

Except where otherwise agreed in writing between a Creator and a Brand, Creators retain ownership of the intellectual property rights in the original content they create.

Nothing in these Terms transfers ownership of a Creator's intellectual property to Melanins Creatives.

15.4 Brand Intellectual Property

Creators may only use a Brand's trade marks, logos, copyrighted materials or other intellectual property in accordance with the applicable campaign agreement or with the Brand's prior written permission.

15.5 Feedback

If you provide Melanins Creatives with suggestions, feedback, ideas or recommendations relating to the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and incorporate that feedback into our services without compensation or attribution.

16. Confidentiality

16.1 Confidential Information

During your use of the Platform, you may receive or have access to confidential information belonging to Melanins Creatives, Brands, Creators or other Members ("Confidential Information").

Confidential Information includes, but is not limited to:

campaign briefs;
product launch information;
pricing;
commercial terms;
marketing strategies;
business plans;
customer information;
unpublished content;
technical information;
platform functionality;
analytics and reporting;
financial information; and
any information identified as confidential or which ought reasonably to be considered confidential.

16.2 Confidentiality Obligations

You agree to:

keep Confidential Information strictly confidential;
use Confidential Information only for the purpose for which it was disclosed;
not disclose Confidential Information to any third party without prior written consent;
implement reasonable security measures to protect Confidential Information.

These obligations continue after your membership or use of the Platform ends.

16.3 Exceptions

Confidentiality obligations do not apply where information:

is already publicly available through no fault of your own;
was lawfully known before disclosure;
is independently developed without reference to the Confidential Information;
must be disclosed by law or court order.

Where legally permitted, you must notify the affected party before any compulsory disclosure.

17. Data Security

Melanins Creatives implements reasonable technical and organisational measures designed to protect personal data and Platform information from unauthorised access, disclosure, alteration or destruction.

While we take appropriate security precautions, no internet-based service can be guaranteed to be completely secure.

Users remain responsible for:

protecting their passwords;
maintaining device security;
using secure internet connections where appropriate;
reporting suspected security incidents promptly.

If you believe your account has been compromised, you must notify us immediately.

18. Acceptable Use Policy

You agree not to use the Platform to:

breach any applicable law;
infringe intellectual property rights;
upload malicious software;
interfere with Platform security;
reverse engineer Platform software;
scrape or harvest Platform data without permission;
distribute spam;
harass or abuse others;
engage in fraudulent conduct;
upload misleading content;
manipulate campaign metrics;
interfere with another Member's use of the Platform.

Melanins Creatives reserves the right to investigate suspected misuse and take appropriate action, including suspension, removal of content or termination of membership.

19. Warranties and Disclaimers

19.1 Platform Availability

The Platform is provided on an "as available" and "as is" basis.

While we aim to provide reliable services, we do not warrant that:

the Platform will always be available;
services will be uninterrupted;
defects will always be corrected immediately;
information will always be complete or accurate;
the Platform will meet every user's individual requirements.

19.2 No Commercial Guarantee

Melanins Creatives does not guarantee:

creator income;
campaign invitations;
commercial success;
audience growth;
brand partnerships;
future work;
revenue generation.

Campaign opportunities depend upon numerous factors outside our control.

19.3 Third-Party Services

The Platform may integrate with or link to third-party services including:

Shopify;
social media platforms;
payment providers;
analytics providers;
communication tools;
scheduling platforms.

We are not responsible for the availability, content, security or operation of third-party services.

Your use of those services is governed by their own terms and policies.

20. Limitation of Liability

Nothing in these Terms limits or excludes liability that cannot lawfully be excluded under the laws of England and Wales, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any other liability that cannot legally be excluded.

Subject to the above, Melanins Creatives shall not be liable for:

indirect loss;
consequential loss;
loss of profits;
loss of business opportunity;
loss of anticipated savings;
reputational damage;
loss of goodwill;
loss of data;
business interruption.

To the fullest extent permitted by law, our total aggregate liability arising from or in connection with these Terms shall not exceed the greater of:

(a) the total membership fees paid by you to Melanins Creatives during the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) £100 (one hundred pounds sterling).

This limitation applies regardless of the legal basis of the claim, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

21. Indemnity

You agree to indemnify and keep indemnified Melanins Creatives, its directors, officers, employees, contractors and affiliates against all losses, liabilities, damages, costs, claims and expenses (including reasonable legal fees) arising from:

your breach of these Terms;
your unlawful conduct;
infringement of intellectual property rights;
breach of campaign agreements;
misleading information provided by you;
your misuse of the Platform.

This indemnity survives termination of these Terms.

22. Suspension and Termination

22.1 Suspension

Melanins Creatives may suspend access to the Platform immediately where we reasonably believe that you have:

breached these Terms;
provided misleading information;
engaged in fraudulent activity;
compromised Platform security;
infringed intellectual property rights;
behaved abusively towards Members, Brands or our staff.

22.2 Termination by You

You may terminate your membership at any time by closing your account.

Termination does not affect obligations accrued before termination.

22.3 Termination by Melanins Creatives

We may terminate your account immediately where:

continued access presents a security risk;
you repeatedly breach these Terms;
your conduct damages the reputation of the Platform;
continued membership is no longer commercially or operationally appropriate.

22.4 Effect of Termination

Following termination:

Platform access may cease immediately;
membership benefits end;
licences granted under these Terms may terminate except where expressly stated otherwise;
outstanding payment obligations remain payable;
provisions relating to confidentiality, intellectual property, liability and dispute resolution continue to apply.

23. Force Majeure

Melanins Creatives shall not be liable for any delay or failure to perform obligations resulting from events beyond our reasonable control, including:

natural disasters;
acts of government;
war;
terrorism;
civil unrest;
strikes;
telecommunications failures;
internet outages;
cyber attacks;
pandemics;
epidemics;
power failures.

We will use reasonable endeavours to resume performance as soon as reasonably practicable.

24. General Provisions

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional written agreements expressly incorporated by reference, constitute the entire agreement between you and Melanins Creatives.

24.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Melanins Creatives may assign or transfer its rights and obligations to any successor, affiliate or purchaser of the business.

24.3 Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other right.

24.4 Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

24.5 Third-Party Rights

Except where expressly stated, no person who is not a party to these Terms shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

24.6 Electronic Communications

You agree that communications, notices, agreements and other documents provided electronically satisfy any legal requirement that such communications be in writing.

25. Governing Law, Dispute Resolution and Contact Information

25.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

25.2 Jurisdiction

Subject to any mandatory consumer rights, the courts of England and Wales shall have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.

25.3 Complaints

If you have a complaint regarding the Platform or our services, please contact us in the first instance. We aim to acknowledge complaints promptly and work towards a fair resolution.

25.4 Contact Details

For questions relating to these Terms, please contact:

Melanins Creatives

Email: hello@melaninscreatives.com